North Dakota Code 28-03-03 – Appointment of guardian ad litem for infant defendant – Nonresident
In actions for the partition of real property or for the foreclosure of a mortgage or other lien, and in all actions affecting the title to real property, and in all other actions wherein an infant is a proper or necessary party and such infant resides out of this state, a guardian ad litem may be appointed upon application of the plaintiff. In such case, the court shall make its order designating some suitable person to be the guardian for the infant defendant for the purposes of the action unless the infant, or someone on the infant’s behalf, shall procure the appointment of another guardian for such infant within such time after the service of the order as the court therein may fix. The order must contain special directions for the manner of its service, which may be upon the infant or upon any relative or other person with whom the infant resides, and may be either by mail or by personal service upon the person designated.
Terms Used In North Dakota Code 28-03-03
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49